ADR -Alternative Dispute Resolution for Learning Teams.
Clause: * The Arbitration process will be addressed in the case of any dispute, claim or complaint that arises between team members from a situation that will affect in a negatively manner the grades of the teamwork. Considering:

I. That an individual or workgroup is being negatively affected by the actions or irresponsibility of a team member. II. That there is a reasonable statement of the affected parties to start an ADR process. III. That the defendant failed to comply with its contributions or participations, and did not post any kind of notice or advised its peers of the inability to get the shared part of the work done with at least 36 hours before the assignment due date. IV. Defendant failed to communicate or initiate the process to share key information to complete the assignment. V. That the affected parties considered and exhausted other means of resolution without any result. Having posted the rules to start an ADR, the arbitration process will be arranged to take place within 24 hour notice in advance to both parties, if the defendant fails to appear or to communicate with the group will enter in guiltiness by default. ADR will proceed as follows: I. Parties will choose a neutral third party to hear evidence, and testimony and decide the case. II. Demanding party will present its case and evidence and make the initial statement. III. Defendant will present its reply and any electronic or physical evidence that supports his case. IV. The third party must make a resolution once both parts have presented their cases and respective evidences. V. Resolution reached will be irrevocable.

Once that the resolution has been implemented there will be an acknowledgement signed by all parties the defendant and the plaintiff.

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Name
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Date
Instructor
For many years, litigation has been the one thing in reference to the law that traditionally resolves lawsuits and disputes. There are many facts that need to be considered when one compares or contrasts traditional litigation methods to the nontraditional litigation methods (Alternate Dispute Resolution). Handled outside of litigation in court, ADR is a unique resolution. ADR’s types include “arbitration, collaborative law, mediation and negotiation. Conciliation is sometimes included as a fifth category” (Alternate Dispute Resolution Law, 2011).
The traditional system has multiple means of solving a case, in comparison to non-traditional ADR approaches. Traditional litigation involves public exposure that involves an individual or a company. Due to the fact that the case has public exposure, the company’s image could be negatively affected. The plaintiff of a case needs to have contains burden of verification, when using traditional litigation. It is implied that time and effort is needed to collect proof by way of evidence, witnesses and any other factors that may be used to sway a judge or jury. Any case requires costs in relation to time and effort. Mitigating factors such as the discovery process uncovers both parties’ advantages...

...﻿
Gansz V. Alton Haunted House
University of Phoenix
LAW531
November 18, 2013
Ganz v. Alton Haunted House
The case of Gansz V. Alton Haunted House originated when a girl tripped while running from an individual with a loud motor driven chainsaw at a haunted house in Alton, Illinois on October 29, 2011 (Faces of Lawsuit Abuse, 2013). The girl’s father, Terry Gansz, claims the haunted house tour included a section where patrons were directed through a passage leading to a ramp with an entry to the rear of the haunted bus. American Legion is being blamed for the design of the haunted house making it difficult for patrons to exit the attraction (Madison Record, 2013). Arguing that the plaintiff voluntarily assumed the risks of the haunted house, the defendants claim they are not at fault and should not be liable for any injuries claimed (Madison Record, 2013).
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Rule
According to Cheeseman (2013), negligence is a "A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions" (p.91). The elements of negligence include:
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The case of Gansz versus Alton Haunted House exemplifies the foundation of the fault principle. Terry Gansz the father of a young girl who was injured when she tripped over a ramp at the Haunted House alleges that there was failure to ensure the safety of the patrons...

...﻿Part A) Alternative Dispute Resolution (ADR) is a means of settling disputes and claims outside of the court and is encouraged by the Civil Procedure Rules 1998. Often, it is better to resolve certain issues outside of the court as it saves money, time and stress and can also avoid deterioration of relationships. Such forms of ADR include negotiation, mediation, conciliation, arbitration and tribunals.
Negotiation is the largest form of ADR, involving 2 parties discussing their problem in order to find a suitable solution. It is probably the cheapest and least formal method, avoiding stress and hassle. It can involve solicitors acting on behalf of their clients but there is no third party involved. Negotiation happens in everyday life, such as when faulty goods are exchanged.
Mediation, involves a third party, the mediator, who will act as a ‘referee’ or ‘go between’ passing information between both parties. The Family Law Act 1996 actively encourages divorcing couples to use mediation services before going to the courts to settle matters. Thus, this can only work if there is some form of cooperation between the parties. Recent government proposals mean that from April 2011, all divorcing couples will have to attend mediation before settling their divorce in court. This could potentially lead to an infringement of the Human Rights Act 1998. As mediation is growing, more and more commercial services have been set up...

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Business Law531
Alternative Dispute Resolution Assignment
Professor Jack Tandy
December 19, 2010
AGREEMENT TO UTILIZE ALTERNATIVE DISPUTE RESOLUTION PROCEDURE FOR UNIVERSITY OF PHOENIX LEARNING TEAM MEMBERS
This agreement is entered into by and in between ________________________ and ______________________, who are both currently students at the University of Phoenix.
Whereas both parties have agreed to enter the Alternative Dispute Resolution process, the process of Non-binding mediation will be administered by a neutral third party.
As such, the parties agree to the following principles:
1. The ADR proceeding will be scheduled by the neutral third party by arranging a mutually agreeable time in order to discuss individually by phone the details of the disagreement among the parties.
2. The role of the Mediator will be that of a neutral third party, who will have no long-term interest in the consequences or outcome of the dispute. His or her role will be that of a facilitator and advisor in the settlement negotiations. The Mediator may comment on issues and express his or her opinion regarding the relative strength or weakness of the parties’ positions.
3. After learning of the disputed issues from each party, the Mediator will prepare a list of disputed issues. If the parties cannot agree about the proper wording of these issues, then both parties’ issues will be presented...

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* Statutes and Ordinances are legislation passed on the federal, state, or local levels.
* Common Law is based on the concept of precedence - on how the courts have interpreted the law. Under common law, the facts of a particular case are determined and compared to previous cases having similar facts in order to reach a decision by analogy. Common law applies mostly at the state level. It originated in the 13th century when royal judges began recording their decisions and the reasoning behind the decisions.
* Administrative Law - federal, state, and local level. Administrative law is made by administrative agencies that define the intent of the legislative body that passed the law.
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...Week 3 Learning Team Reflection
Leslie Burns, Karla Canez, Mallory Herring, and Alissa Mildebrath
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January 13, 2013
Carol Parker
Week 3 Learning Team Reflection
There are several factors to consider when contemplating a potential lawsuit or settlement. As a person who is not trained in the law, it is important to seek counsel before making any decisions. Counsel can provide professional guidance in a field that a victim may be unfamiliar with. To attempt to navigate though the legal system without professional help would be confusing and frustrating. There are alternatives to litigation that some people may not be aware of. A professional in the law can give guidance and perspective as to which is the best route to take.
One must consider the time involved in litigation. Cheeseman (2010) stated, “A trial can last less than one day to many months, depending on the type and complexity of the case” (p. 41). Also, a consideration must be the costs involved. It can be extremely costly to obtain counsel, although it may be wise to invest in legal representation. Counsel will be able to provide you the statue of limitations so that you know how long you are eligible to seek damages. Additionally, counsel will provide you realistic picture of the benefits and/or risks of going to trial or settling. Counsel would be able to explain the...

...Week 3 - Learning Team Reflection
University of Phoenix
LAW/531
Team B - Week 3 - Learning Team Reflection
Obtaining legal counsel was this week's reflection topic. Team B in this outline will include and answer two questions: What benefits would counsel provide in helping a victim to decide whether to take a settlement offer or pursue litigation, and at what point should counsel be available. Team B have collaborated each members responses, and formatted them below.
I. What benefits would counsel provide in helping a victim to decide whether to take a settlement offer or pursue litigation?
a. Depends on the type of case and settlement amount.
b. If the settlement amount is close to the amount of the plaintiff’s total cost or damages then the settlement would be a good option.
c. Legal counsel will be unnecessary because any extra amount would likely cover costs of hiring the counsel.
d. Lawyers understand the law better and know how the judicial system works. They can use their expertise to help someone decide whether or not to take a settlement or purse litigation.
e. Lawyers have prior experience and can offer advice based on similar cases.
f. Lawyers know the process that the victim and the lawyers will have to undertake.
g. Counsel can answer questions concerning the facts in the case and the litigation issue to be covered.
h. Counsel is aware...